Definition of a tenant?

King

Basically we have 5 people living in my house over 3 floors so the house should need a HMO (house of multiple occupancy) license right? Wrong say the council....although we have 5 people paying rent one of the tenants only stays here from time to time.

Now surely this person is still a tenant as they pay rent, own a room and can live here as they please

The big difference this will make is we can claim back any rent on the property when the house was wrongly unlicensed. What are peoples takes on this?

Thanks

real1314

So you don't actually want it to be properly licensed, you just want to see if you can make some money out of the situation?

charliee_3

hmmmm... seems a bit cheeky trying to claim back rent on a technicalilty.. i mean.. you've been living there and presumably you are happy to stay there.. i'd feel sorry for your landlord...

maybe this is why i'll never be rich.. not mercenary enough...

clutton_2

what is the relationship of the 5 people to each other

tbs624

King wrote: »

Basically we have 5 people living in my house over 3 floors so the house should need a HMO (house of multiple occupancy) license right? Wrong say the council....although we have 5 people paying rent one of the tenants only stays here from time to time.

Now surely this person is still a tenant as they pay rent, own a room and can live here as they please

Mandatory licensing generally applies to properties having 3 habitable floors and 5 tenants from 2 or more unrelated "households" ( with some exceptions). Are all 5 tenants signed up to the tenancy agreement(s) ? You say one of the occupants stays there from "time to time" - can you be a bit more precise? Is this property classed as the "main residence" for all tenants?

King wrote: »

The big difference this will make is we can claim back any rent on the property when the house was wrongly unlicensed. What are peoples takes on this?

No, generally the big difference would be that if the property was licensable it would have to meet very specific requirements designed to protect unrelated tenants in larger properties. Presumably, as this bit isn't mentioned by you, either the property already exceeds those requirements or you are about to come to the end of your tenancy and are ready to move out?

As an occupier/former occupier you can only apply for a Rent Repayment Order(RRO) via the the Residential Property Tribunal (RPT) if, and when, the LL has been convicted of failing to license an HMO( or if the Local Housing Auth has has an Order granted on the same property). It covers a max of 12 months rent.

If the Council have deemed this property as not subject to mandatory licensing and can justify that decision (in writing ) to you, your RRO is just a pipedream.